L’Ecume skipper was “confident” big boats would change course to avoid collision

The skipper of L’Ecume II, who died when his fishing trawler was struck by the Commodore Goodwill, was “confident that bigger boats change would change their course to avoid a collision”, a Royal Court trial has heard.

The trial of Commodore Goodwill crew members Artur Sevash-Zade (35) and Lewis Carr (30) entered its fourth day this morning.

They deny three charges of manslaughter, as well as one alternative lesser charge of endangering ships, structures and people, in the deaths of the three crew members of the L’Ecume II when it collided with the Commodore Goodwill on 8 December 2022.

Skipper Michael Michieli and crew members Larry Ladion Simyunn and Jervis Ramirez Baligat all died after the collision.

This morning, defence advocates asked questions to cast doubt on the narrative set out by Crown Advocate Matthew Maletroit, prosecuting, in his opening speech.

The court heard that Mr Michieli kept his fishing lights on whenever he was at sea, even if he wasn’t fishing, to be more visible.

Boats which are fishing should have their fishing lights on – a green and white light on the mast – because they are less manoeuvrable when they are fishing, the court heard, so other boats have to avoid them.

Defence Advocate Simon Thomas said Mr Michieli was “confident that bigger boats change would change their course to avoid a collision” with the fishing lights on.

Jurors were shown pictures of the L’Ecume II trawler with the location of its various lights, including fishing lights.

In a statement, former L’Ecume II crew member Samuel Davis explained: “If I was on watch, I didn’t have the fishing lights on when we weren’t fishing because it is the rules and giving false information. I can’t remember what Mick [Michieli] did.”

He added that Mr Michieli took safety seriously, but that he was “old-school” and didn’t wear a life vest, though he had one and knew where it was kept.

Crown Advocate Simon Thomas also quizzed witnesses on the tasks, in particular on any reasons that Mr Michieli might have had to be in the auxiliary machinery room. This is the below-deck room where his body was found, months after the collision.

The room was home to various pieces of equipment, including hydraulic machinery which was used to deploy fishing nets and haul them back in.

One crew member would typically go downstairs after L’Ecume II had left harbour to check the equipment, according to former crew member Daniel Bordei.

Mr Bordei was one of a series of witnesses who praised Mr Michieli’s skill as a fisherman, saying he was a “genius” at sea.

Previously in the trial, jurors were shown a chart of L’Ecume II’s itinerary on the morning of 8 December 2022. The trawler left St Helier, went around Noirmont and Corbière, and was going towards a fishing area called Long Banks to the northwest of the island.

The collision happened to the west of the island before L’Ecume II reached Long Banks.

Benjamin Gallichan, who used to work for Mr Michieli on L’Ecume II, said “a couple of standard checks” made as the boat was between Noirmont and Corbière included checking bilge pumps, the temperature of the fish room, and checking the engines.

Advocate Thomas asked: “What would happen when Mr Michieli would carry out those checks?”

Mr Gallichan said: “I was trusted to [keep] an eye out, but it wasn’t a watchkeep where I was solely in charge.”

But, Mr Gallichan told the trial, there were “no long periods” where the wheelhouse would be unattended without reason.

The jury trial started on Monday and is scheduled to last four weeks.

Commissioner Sir John Saunders is presiding.